Singh (Migration)

This matter concerned an appeal to the Tribunal by Mr Singh against the refusal of his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The core of the dispute revolved around the applicant's employment and the nomination of a position by his employer.

The Tribunal was required to determine whether Mr Singh had satisfied the criteria for the Subclass 187 visa in the Direct Entry stream. Specifically, the Tribunal had to consider whether the nominated position met the requirements of clause 187.233 of the Regulations, including that the nomination had been approved, had not been subsequently withdrawn, and that the position remained available to the applicant.

The Tribunal reasoned that a fundamental requirement for the visa was that the nominated position must have been approved, not subsequently withdrawn, and must still be available to the applicant. The evidence established that the applicant's initial nomination by Edney’s Leongatha had been refused by the department and was therefore no longer available. The applicant acknowledged this refusal and indicated he was seeking employment elsewhere, but no new, approved nomination was presented to the Tribunal. The Tribunal concluded that as the applicant had not met the essential criteria for the visa in the Direct Entry stream, its decision was to affirm the refusal.